Times of Smithtown

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Protecting a one-point lead going into the halftime break of the opening round of the Class AA playoff game against William Floyd, Smithtown West found its rhythm in the second half with their swarming defense keeping the Colonials at bay to win the Feb. 14 road-game, 46-28.

Smithtown West senior Brianna Guglielmo topped the scoring charts for the Bulls with 12 points to go along with 10 rebounds. Teammate Laura Luikart grabbed a career high 20 rebounds, netted 10 points. Senior Karsyn Kondracki notched nine points and banked seven.

The Bulls (No. 10 seed) will have their work cut out for them with another road game against Northport (No. 2) in the quarterfinal round Feb. 17. Admission tickets are not available at the gate and are sold online only at https://gofan.co/app/school/NYSPHSAAXI. Game time is scheduled for 5 p.m.

 

The Section XI Boys Swimming Championships took place at Stony Brook University Feb. 12.

Team Huntington/Harborfields/Whitman won the Suffolk Championship 200-yard medley relay in 1 minute and 37.23 seconds.

Miller Place junior Liam Preston won both the 200 yard-freestyle in 1:41.79 and the 500 freestyle in 4:37.58.

Middle Country’s Hunter Emerson place second in the 200-individual medley with a 1:55.94 to qualify for the state championships at Ithaca College March 4 through 5.

Ward Melville wins the 200-freestyle relay event with Muhtar Konar, Thomas Miele, Richie Richard Hall and Vincent Vinciguerra in 1:29.47. Vinciguerra placed third in the 50-freestyle event in 21.66 and the 100-yard free in 47.22.

Comsewogue’s Noah Giunta placed first in the 100-yard butterfly event with a 50.67 and second in the 100-yard backstroke with 51.59.

The Town of Smithtown successfully distributed over 2000 at-home Covid test kits to the most vulnerable population within the township. On Wednesday, Feb. 9, Town staff picked up 2,552 test kits from Suffolk County at the Department of Fire, Rescue and Emergency Services. On Thursday, Feb. 10, Smithtown Officials delivered approximately 2000 tests to seniors and at-risk individuals within the community, and at the Senior Center. On Monday morning, Feb. 14, the Department of Public Safety orchestrated a distribution event, where residents could collect their at-home tests outside of the Maple Avenue building.

“I’m extremely grateful to our partners in government at Suffolk County for arranging the much needed supply to be distributed to our residents, especially those who need it most. Our community members who are retired or living on a fixed income have certainly felt the cost of inflation, and this pandemic, in ways that have severely reduced quality of life. No one should have to sacrifice nutrition or grocery budgets to purchase PPE like face masks and covid tests. We owe it to our most vulnerable to provide the resources necessary to keep everyone healthy. While I hope the latest wave of the omicron variant was the last peak of Covid-19; these test kits will go a long way towards keeping people safe while cases are on the decline,” said Supervisor Ed Wehrheim.

The At-Home Covid-19 Antigen test kit (made in the USA) which includes two tests per box, were delivered to senior living communities throughout the township, at the Senior Center and at Public Safety. Supervisor Wehrheim’s office worked alongside Legislators Kennedy and Trotta to ensure locations were not replicated with the Legislators drop off locations and distribution events, to maximize the reach. When supplies ran out late on Monday morning at Public Safety, Legislator Robert Trotta generously allotted additional kits for the remaining residents.

Suffolk County will continue to work with the Town of Smithtown to provide additional Covid-19 related resources & PPE supplies for anyone in need. Residents who may be homebound, or are unable to obtain at-home test kits may email the Supervisors office at [email protected] with requests. For additional information on future at-home test kit distribution events within the township, residents can download the Town of Smithtown Mobile App, available for free on Google Play and the App Store.

Did You Know?

Residential households in the U.S. can order one set of four (4) free at-home tests through the US Postal Service. You can obtain a free at-home test kit by visiting covidtests.gov or by calling 1-800-232-0233 (TTY 1-888-720-7489).

The following incidents have been reported by the Suffolk County Police:

Centereach

■ Harbor Freight on Middle Country Road in Centereach reported the theft of two Predator 1400 generators from the store on Feb. 1. The value of the items was $450 each.

Commack

■ A resident on Huntsman Lane in Commack reported that a catalytic converter was stolen from a 2004 Honda on Feb. 2.

■ A resident on Atlas Way in Commack reported that his car was broken into on Feb. 1 and a ski jacket, ski goggles and speakers were stolen. The value of the items was approximately $850.

■ A resident on Tamarack Street in Commack called police on Feb. 1 to report that his 2020 Acura MDX valued at approximately $40,000 was stolen from the driveway.

■ Three men entered Home Depot on Crooked Hill Road in Commack on Feb. 3 and allegedly stole spools of yellow Rolex wire and white Rolex wire valued at approximately $2350.

■ A resident on Tamarack Street in Commack reported that his 2019 Acura ILX was stolen from his property on Feb. 1. The vehicle was valued at $30,000.

■ A resident on Buhl Lane in Commack reported that a pocketbook was stolen from an unlocked vehicle parked in front of their home on Feb. 1. An unidentified man was seen running away from the driveway.

■ Ulta Beauty on Veterans Highway in Commack reported a shoplifter on Feb. 4. A man allegedly stole women’s perfume valued at approximately $1200.

■ A woman shopping at Shoprite on Garet Place in Commack reported that a man allegedly stole a wallet out of her purse on Jan. 31.

■ A resident on Essex Place in Commack called police on Feb. 2 to report that someone had stolen both license plates off of his car.

■ Walmart on Crooked Hill Road in Commack reported a shoplifter on Jan. 31. A man allegedly stole a Nintendo Switch and a set of earbuds. The total value of the items was $550.

■ Home Depot on Jericho Turnpike in Commack reported that a man allegedly stole approximately $945 worth of electrical wire on Feb. 4.

Dix Hills

■ A resident on Wildwood Drive in Dix Hills reported that various items including clothing and toys were stolen from an unlocked vehicle on Feb. 1.

■ A resident on Truxton Road in Dix Hills called police on Jan. 28 to report a wallet stolen from an unlocked vehicle on their property.

Elwood

Suffolk County Police Major Case Unit detectives are investigating a robbery that occurred at an Elwood bank on Feb. 4. A man entered TD Bank, located at 1941 Jericho Turnpike, at approximately 3:55 p.m., and verbally demanded money from the teller. The teller complied and the man fled the bank on foot. The man was described as white, wearing a knit cap, dark jacket, light pants and a face covering.

Greenlawn

■ A resident on Jamaica Avenue in Greenlawn called police on Feb. 2 to report that a catalytic converter had been stolen from his 2005 Honda Accord.

Huntington Station

■ Macy’s at the Walt Whitman Mall in Huntington Station called police on Feb. 2 to report that a man allegedly stole a necklace valued at approximately $4100.

■ Management at Walt Whitman Mall reported a man allegedly stole a Caterpillar Skid Steer from the parking lot in the back of the mall on Jan. 31. The loader was valued at approximately $60,000.

■ Target on East Jericho Turnpike in Huntington Station called police on Jan. 31 to report that a man allegedly stole two KitchenAid stand mixers valued at approximately $860.

■ Home Depot on New York Ave. in Huntington Station reported a petit larceny on Jan. 29. Two men allegedly stole $965 worth of electrical wire. 

Port Jefferson Station

■ Two snowblowers were stolen from the back of a truck parked on South Columbia Street in Port Jefferson Station on Jan. 31. Total value of the items was $600.

■ A petit larceny was reported at Markay’s Wine & Liquor on Nesconset Highway in Port Jefferson Station on Feb. 3. A man allegedly stole a bottle of whiskey valued at $35.

Selden

■ Bob’s Stores on Middle Country Road in Selden called police to report a shoplifter on Feb. 4. A man allegedly loaded a shopping cart with items of clothing, stuffed the items into a backpack in a dressing room and walked out of the store. The value of the items was approximately $250.

St. James

■ A resident on Northern Blvd. in St. James reported the theft of tools from his property on Jan. 30. Assorted tools, including a screw gun, drills, and a sawzall were taken with a value of approximately $2500.

Smithtown

■ Two pair of sunglasses valued at $400 were stolen from an unlocked vehicle parked on Hallock Avenue in Smithtown on Jan. 31.

West Hills

■ A resident on Sparrow Lane in West Hills reported that a car pulled up in front of their home at approximately 3:30 p.m. on Feb. 2 and the driver stole assorted mail from their mailbox. A resident on Sheridan Street in West Hills called police at 3:45 p.m. on Feb. 2 to report the same crime.

Suffolk County Crime Stoppers offers a cash reward for information that leads to an arrest. Anyone with information about these incidents can contact Suffolk County Crime Stoppers to submit an anonymous tip by calling 1-800-220-TIPS.

— Compiled by HEIDI SUTTON

 

METRO photo

When people look back to spring 2020, they remember how the COVID-19 pandemic shut things down. Zoom became a regular form of communication, visits to grandparents were done in a drive-thru fashion and many people anxiously awaited their stimulus checks.

While those checks from the U.S. government were sent, some people needed the money more than others. 

Many people lost their jobs, their businesses and their livelihoods. In fact, according to the U.S. Bureau of Labor Statistics, in February 2020 — just before the pandemic hit the States — unemployment was at 3.5%. Just two months later, as the virus began to spread rapidly, unemployment rates skyrocketed to nearly 15%.

But what many people might not realize is how impacted the local arts were during this time. 

We as a society leaned on our first responders out in the trenches. We listened to our elected officials on the news every day hoping to hear something good. We shopped locally to help our business-owning neighbors. 

However, something that we all enjoy one way or another — the arts — was shattered and not much was being done to help our local artists, performers and creators. 

According to Johns Hopkins University research, as of December 2021, the percentage of job losses at nonprofit arts organizations remained more than three times worse than the average of all nonprofits. 

Artists/creatives were — and remain — among the most severely affected segment of the nation’s workforce. The arts are a formidable industry in the U.S. — $919.7 billion (pre-COVID) that supported 5.2 million jobs and represented 4.3% of the nation’s economy.

And now, nearing two years since the 2020 shutdowns, artists on Long Island are voicing how it felt. Many believe that significant relief funding was not given to the arts and related nonprofits despite the impact they have on Long Island’s economy.

Think about it. How many of us love to see a show at the local theater? How many of us hang artwork from nearby artists on our walls? How many of us enjoy live music as we dine at our favorite eateries? 

Those people had jobs, too. 

Sometimes we forget that the people working after a typical 9-to-5 shift are working, too. What some may call a hobby is a way of life for thousands of people.

We still have a way to go, and unfortunately COVID will haunt us for a very long time in more ways than one. But the next time you’re out to dinner with a friend, drop a tip in the guitar player’s case. Splurge on a drawing from a local artist and support your neighborhood theater. 

The arts helped us during the pandemic. We found solace in other people’s creations. Now it’s time to pay back the artists and show them how much they are needed, wanted and loved.

Every year Hoover the Goat at Sweetbriar Nature Center in Smithtown picks the winner of the Super Bowl and for the last 4 years he has predicted correctly! This year Hoover chose the  Los Angeles Rams — Lets see if he gets it right again! Place your bets!

See video here.

*This video has been reposted with permission from Sweetbriar Nature Center.

Stock photo
Police Officer Glen Ciano

Suffolk County Executive Steve Bellone, Suffolk County Police Commissioner Rodney K. Harrison and Commack Fire District Commissioner Pat Fazio joined Susan Ciano, widow of Suffolk County Police Officer Glen Ciano, and representatives from New York Blood Center during a press conference on February 10 at the Commack Fire Department to announce the 12th annual blood drive named in memory of Police Officer Glen Ciano on Saturday, Feb. 12.

There has been a chronic shortage of blood supplies in New York since the start of the pandemic and the recent blizzard resulted in 1000 fewer donations due to blood drive cancellations and low donor turnout. Blood supplies remain below the ideal five-day safety level, and types O-, O+ B- and A- continue to hover at less than two-day levels.

The annual event is held in honor of Officer Ciano, who was responding to a call when he was killed by a drunk driver in Commack on February 22, 2009.

The 12th annual Glen Ciano Blood Drive will be held at the Commack Fire Department, located at 6309 Jericho Turnpike in Commack, on February 12 from 8 a.m. to 5 p.m. 631-499-6690.

Local representatives gathered at the Lawrence Aviation property last year to identify where a rail yard could be built. Photo from state Sen. Anthony Palumbo’s office

Discussions have dragged on and on, and even as years turned to decades the dream of an electrified northern line of the Long Island Rail Road has shuddered along, like a train limping forward on little to no steam.

Though local leaders now say the time is ripe. With state reps championing the cause in Albany, local leaders are holding up a plum location for the necessary rail yard: Lawrence Aviation.

The former site of Lawrence Aviation Industries. File photo

The 126-acre superfund site in Port Jefferson Station has sat vacant since 2000, after the airplane parts company was accused of leaching chemicals into the ground. Ground cleanup was completed in 2009, and asbestos was removed from some of the buildings in 2015, according to the U.S. Environmental Protection Agency.

Various sources confirmed that late last year, local civic leaders as well as representatives from Brookhaven, Smithtown and Huntington townships, joined Suffolk County and state leaders on the superfund site property to identify where such a rail yard could be built. The latest update on the property by the EPA, dated October 2021, stated that the site consists of 10 buildings, a drum crushing site, and a vacant lagoon and woods.

Yet officials across both parties have long supported the project, which has been talked about for over four decades. It’s a project the environmental and economics-minded people have been on board with. Both previous state Sens. Ken LaValle (R-Port Jefferson) and John Flanagan (R-East Northport) were proponents, and many electeds like Brookhaven Town Supervisor Ed Romaine (R) have long called on the Metropolitan Transportation Authority to move the project forward.

What’s different now? Charlie Lefkowitz, president of Three Village Chamber of Commerce, said the most recent change in state leadership has resulted in a “newfound focus” on electrification. He agreed that Lawrence Aviation, which is tucked far enough away from residential houses to be not detrimental to homeowners, would be an optimal place for a yard.

The chamber leader also cited how much of a beneficial impact electrifying the line would have on the surrounding economy, especially with how Stony Brook students can use the train to traverse to hotspots like Port Jefferson or Huntington villages.

“Creating viable, sustainable public transportation really has to be looked at hard here,” Lefkowitz said.

In a written statement, state Sen. Anthony Palumbo (R-New Suffolk) further put his support behind the project.

“There is broad and bipartisan support to turn the site into a new rail yard to provide greater service to the region,” he wrote. “It is also a crucial component in the plan to electrify the Port Jefferson line. With the state and federal government investing billions of dollars in infrastructure there is no excuse not to get these projects completed now.”

“Creating viable, sustainable public transportation really has to be looked at hard here.”

— Charlie Lefkowitz

Suffolk County officials said they have had this property in mind for civic development since at least 2015. Deputy County Executive Peter Scully, known as the county’s water quality czar, said that there’s a current $860,000 annual cost to taxpayers due to a number of liens on the property, and the federal government is also looking to make up costs on the $150 million cleanup.

The county has already received legislative approval to settle with all the lien claimants, and execution on those settlements will likely happen in the next six to eight weeks, according to the deputy county executive.

“We have developed a cooperative working relationship with the state and federal governments to process those liens,” Scully said during a Zoom interview.

The Suffolk County Landbank put out a request for proposal in July of last year for companies to develop the Lawrence Aviation site. Early concepts of the site detail a portion of the property zoned for light industrial, while another section on the eastern end will be preserved as open space. Notably, the north end of the property conceptualizes an MTA railyard. The study also mentions potential plans to reroute the train tracks and potentially moving the Port Jefferson train station onto the Lawrence Aviation site as well, which would eliminate the crossing on Route 112.

Sarah Lansdale, president of the landbank and the county’s planning and environment director, said that and other concepts are on the table.

She confirmed the county received one bid back on the RFP for a solar farm on the industrial part of the property, though she did not offer further details as negotiations are ongoing.

Waiting on the MTA

With those claims out of the way, all that’s left is for the MTA to make a decision regarding electrification, but the transportation entity has been notoriously tight-lipped regarding this and other projects. The MTA included $4 million in their five-year 2015-19 capital plan to pay for a feasibility study on electrification of the Port Jefferson Branch, and while the transportation entity confirmed the study is in motion, there is no word on when it will be completed.

Dave Steckel, a spokesperson for the MTA, said in a statement that a feasibility study is one “among a variety of transit proposals throughout the region” and that “the authority will assess the study and other regional proposals using consistent metrics — such as cost, ridership, etc. — so that they can be comparatively evaluated.”

The analysis will also be used in MTA’s 20-year needs assessment, which is due next year.

That’s not to say the project is unknown to transportation officials. Kevin Law, past president of the Long Island Association who just recently stepped down from the MTA board, offered his support to two Island-based projects, according to Newsday. One was to finish the Yaphank station and the other to finish Port Jeff line electrification. Law is moving on to be the new director of Empire State Development.

Anthony Figliola, a civic leader in the Three Village area who is running for the New York District 1 congressional seat on the Republican ticket, said that he has talked to railroad officials who have confirmed the feasibility study is ongoing, though he and other civic leaders have not seen it yet. He added he’s spoken to the NYS Senate transportation committee leader, and that the local state electeds are on board.

“We’re on the radar as far as Albany is concerned,” Figliola said. “These are big capital projects that take a lot of time and planning. So while you know, while it may not happen right now, we need to start planning for this for the future, because COVID will be over, and life will get back to normal.”

Some transportation advocates say the silence is a bad sign. Larry Penner, a self-described transportation historian and writer from Great Neck, spent 31 years in the U.S. Federal Transit Administration Region 2 New York Office. In a phone interview, he said riders should not expect anything on electrification until 2034, at least.

“We’re on the radar as far as Albany is concerned.”

— Anthony Figliol

He pointed to the Feb. 8 public hearing from the MTA which did not include mention of Port Jeff electrification. He also mentioned that there’s no money for the project in the MTA’s 2020-24 five-year capital plan. After the feasibility study is released, the MTA will then need to do the EPA’s environmental review process, which will allow for further FTA funding. The same amount of lead up time to acquiring a rail yard is likely to be the same.

“It’s a package deal,” Penner said. “You can’t build a storage without electrification and Federal Transit Administration funding. With this requirement that you fund a transportation improvement project, it has to go to beneficial use. So you couldn’t build a yard and have it sit there for 15 years.”

Scully said they have been in communication with MTA board members, but emphasized that timing is important for the MTA to start making moves on both electrification and Lawrence Aviation. Lansdale said the county is tasked with disposing all parts of the property, and without an agreement they may have to move on.

But another piece of the puzzle remains whether riders will return to the LIRR, especially as the pandemic continues. Many workers have realized the benefits of working from home, and many city offices remain in remote work. Though it had increased marginally in October of last year, weekday ridership on the LIRR continues to be about 50% of what it was in 2019, before the pandemic.

Penner said that problem likely overshadows any attempt to add more services on existing lines. The existing MTA projects like the ongoing $11.2 billion East Side Access to Grand Central Station promised tens of thousands of new riders when originally proposed, but with the ongoing pandemic he remains skeptical. “You want to protect and maintain the existing service before you expand service,” the transportation historian said.

Still, locals like Lefkowitz and Figliola remain optimistic about ridership bouncing back.

“As a New Yorker who lived through tragedies like 9/11 and others, I think there will be people going back from the trains,” Lefkowitz said. “I do believe that at some point, these things will get back to whatever the next transition of our future is, but I believe people will be riding the trains.”

R.C. Murphy College Team 1 in the Three Village School District took second place in the Middle School Division this year. Photo from BNL

Teams from Jericho Senior High School and Hunter College Middle School each won first place in the 2022 competitions hosted virtually by the U.S. Department of Energy’s Brookhaven National Laboratory on Friday, Jan. 28 and Saturday. Jan. 29. The tournament-style events quizzed students on a range of science disciplines including biology, chemistry, Earth science, physics, energy, and math.

Both teams will compete against regional winners from around the country in the National Science Bowl® this spring.  

“The National Science Bowl regional competitions provide students with an exciting introduction to the National Laboratory system and the Department of Energy,” said Amanda Horn, a Brookhaven Lab educator who coordinated the virtual events. “This contest gives students the opportunity to meet our scientists and support staff who volunteer as competition judges, introduce them to the laboratory’s cyber efforts through the Cyber Challenge and learn about future STEM opportunities available to them.”

As the top schools were called during the High School Science Bowl award ceremony on Jan. 28, Jericho students Hanson Xuan, Derek Minn, Ashwin Narayanan, Natasha Kulviwat, and Brendan Shek jumped up out of their chairs to celebrate.

“I am so surprised, and I am so proud of these people,” Kulviwat said. Team members said they studied up until the night before the competition, only adding to their weekly practices and time spent poring over textbooks in preparation for the big day.

“They worked so hard,” added Jericho coach Samantha Sforza. “They absolutely deserve this win.”

High School runners-up
Half Hollow Hills East High School captured second place this year in the High School Division. Photo from BNL

Second Place: Great Neck South High School – Jansen Wong, Matthew Tsui, Richard Zhuang, Jack Lenga, Eric Pei (Coaches: Nicole Spinelli, James Truglio)

Third Place: Half Hollow Hills East High School – Himani Mattoo, Daniel Salkinder, Dylan D’Agate, Jacob Leshnower, and Jeffin Abraham (Coach: Danielle Talleur)

Fourth Place: Ward Melville High School Team 1 – Ivan Ge, Gabriel Choi, Matthew Chen, Neal Carpino, Michael Melikyan (Coach: Silva Michel)

This year’s Middle School Science Bowl was open to New York City schools, and two teams from Hunter College Middle School earned First Place and Third Place.

“It’s really exciting,” said Devon Lee of Hunter College Middle School Team 1. “I’m just really proud of my team because they’re literally the coolest people I know.”

“Last year, we lost by two points,” added Morgan Lee. “Since I’m in eighth grade now I didn’t think we’d have a chance to come back from that and I’m glad that we did.”

The First Place team also included Segev Pri-Paz and Gabriel Levin. Hunter coach Min-Hsuan Kuo gave credit to high school students who helped the middle schoolers prepare.

“I always knew they would do great,” Kuo said. “We have a really wonderful situation in our school where our high school students are always working with younger students.”

Middle School runners-up

Second Place: R.C. Murphy College Middle School Team 1 –  Sahil Ghosh, Harry Gao, Willem VanderVelden, Gabrielle Wong, Kayla Harte (Coaches: Emily Chernakoff Jillian Visser)

Third Place: Hunter College Middle School Team 2 – Kavya Khandelwal, Kyle Wu, Melody Luo, Sophia Kim (Coach: Min-Hsuan Kuo)

Fourth Place: Paul J. Gelinas Jr. High School – Anna Xing, Tina Xing, Colby Medina, William Squire, Kyle McGarvey, (Coach: Monica Flanagan)

All participating students received a Science Bowl t-shirt. Winning teams will also receive trophies, and medals. The first-place high school and middle school teams will also receive a banner to hang at their schools. The top three high school teams will receive cash awards. Prizes were courtesy of Teachers Federal Credit Union and Brookhaven Science Associates (BSA), the event’s sponsors. BSA is the company that manages and operates Brookhaven Lab for DOE.

About 60 volunteers stepped up as virtual scorekeepers, judges, moderators, and support for the back-to-back events. For more information, visit https://energy.gov/science.

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Kings Park’s downtown district, above during Summer Nights in the Park: Monday on Main last July, will soon see the addition of sewers. Photo by Rita J. Egan

By Raymond Janis

Attorneys representing the Kings Park Community Association and the Long Island Pine Barrens Society have filed a $198 million lawsuit against Suffolk County over a sewer fund they claim was unlawfully depleted.

The Assessment Stabilization Reserve Fund was originated as part of the Suffolk County Drinking Water Protection Program, which was established in 1987. The program addressed ballooning sewer rates and volatility across sewer districts using a 0.25% sales tax to subsidize ratepayers and cap rate increases at 3%. After a 2020 voter referendum, the county reformulated the rate structure in Suffolk County Sewer District #6 – Kings Park, increasing rates by 452%, according to Michael Rosato, president of the community association.

In explanation, Peter Scully, deputy county executive for administration, said in a phone interview, “The prior rate structure was inequitable and would have disadvantaged residential property owners in the sewer district. The changes rectified that and made sure sewer ratepayers generating significantly more sewage paid their fair share.”

In a letter sent to Sewer District #6 homeowners Dec. 7, 2020, County Executive Steve Bellone (D) had justified raising sewer rates to mitigate wide discrepancies in operating costs across Suffolk.

“Property owners in the district have been undercharged for years, and revenues collected do not come close to covering operating expenses,” Bellone said in the letter. “The average Suffolk County sewer ratepayer paid $585 in sewer charges this year,” adding, “By comparison, the average homeowner in Sewer District #6 was billed $78.74.”

Rosato, who is also a part-time aide in the office of county Legislator Rob Trotta (R-Fort Salonga), claimed Bellone illegally raised rates in Sewer District #6 beyond the 3% threshold, violating the terms of the program.

“In 2020 Bellone put a very misleading referendum on the ballot that he felt allowed him not to pay that fund back and to continue taking money out of it to pay for operating expenses,” Rosato said in a phone interview. “After raiding $198 million out of the fund, he raised Kings Park sewer rates 452%.”

The Pine Barrens Society is a named plaintiff in the lawsuit and has sued Suffolk County repeatedly since 2011 over this sewer fund. According to Rosato, the county demonstrates a pattern of budgetary mismanagement, sewer fund meddling and legal stonewalling.

“In 2011, County Executive [Steve] Levy [D] took $29 million out of that sewer stabilization fund to cover budget holes,” Rosato said. “He was sued by the Pine Barrens Society and the Pine Barrens Society won that lawsuit. Bellone became county executive soon afterward and he subsequently took $171 million out of that fund for operating expenses.”

In the current lawsuit, the Pine Barrens Society challenges Proposition Two, which was the 2020 referendum that authorized the county to use the sewer fund to effectively avoid service cuts and layoffs. Paul Sabatino, co-counsel representing the Pine Barrens Society, said the referendum had no legal basis.

“Proposition Two, when you cut through all the smoke, does two things. It unilaterally repudiates the judgement for $29 million and it unilaterally repudiates the balance of the [$171 million] payment.” Sabatino said in a phone interview. “A county cannot pass a charter law that unilaterally reverses a judicial decree and it cannot adopt a charter law that unilaterally repudiates a settlement agreement. Whether you do it with or without the voters, there is no authority.”

Scully disagreed with this legal reasoning. He said the Pine Barrens Society insisted in prior litigation that voter approval is paramount but is now reversing course completely.

“What’s going on here, ironically, is that the Pine Barrens Society is taking the position that voter approval should be disregarded and that the voters’ approval of Proposition Two in 2020 should be overturned,” Scully said. “I’ve been involved in government for 37 years and this is probably the most bizarre lawsuit I’ve ever seen.”

County voters approved Proposition Two by a margin of 54% to 46%. However, county Legislator Trotta said voters did not understand the intent of the ballot measure.

“The law is very clear about how a referendum has to be put on the ballot,” he said in a phone interview. “It has to be clear and concise, but most people had no idea what they were voting for. Politicians pride themselves on using uninformed voters and manipulating them.”

Scully contended that Trotta and the Pine Barrens Society conducted a lengthy media campaign against Proposition Two in 2020, but voters approved the ballot measure anyway.

“In the weeks prior to the referendum, Legislator Trotta and others were very vocal in bringing their concerns to the attention of the public through the media,” Scully said. “The voters appeared to summarily reject those concerns. People seemed to understand clearly what they were voting on. They voted for financial stability and they spoke with a very clear voice.”

The lawsuit comes on the heels of a major initiative to bring sewers into downtown Kings Park. The sewer stabilization fund and the downtown extension are fiscally unrelated, sourced from separate revenue streams. Scully said that while construction can move forward as planned, the modified rate structure will impact the business district when the project is complete.

“The project can move forward but the rate structure continues to be at risk,” Scully said. “Had the Legislature not modified the rate structure, residential customers in the sewer district would end up in some instances paying higher rates than businesses that generate significantly more sewage.”

Trotta accused the administration of intentionally muddling these two distinct sewer issues to confuse community members and generate fear that the extension project may be derailed.

“They’re totally unrelated,” he said. “What this administration tries to do is tie them together to scare people. They use scare tactics.”

Acknowledging that the two issues remain separate for now, Sabatino implied that the legal principle at stake could affect the downtown sewer extension in the future.

“The legal principle of this lawsuit is important because if they believe they have the ability now to unilaterally evade the 3% cap for Kings Park, then what will stop them from doing that for the extension five years from now?” Sabatino said.

Sabatino argued that fixed-rate increases and rigid percentages were put in place to prevent county officials from depleting the fund at will. He said this lawsuit will determine whether or not those officials remain bound by these requirements.

“If you don’t tie up the hands of elected officials, over time when they see a large pot of money it’s going to be gone,” he said. “You have to tie their hands and do it in a way that is truly effective. It’s the law of political human nature.”

Scully said the Pine Barrens Society has lost credibility due to this lawsuit.

 

“It’s really kind of sad what has happened with regard to the Long Island Pine Barrens Society, which is no longer a credible voice for environmental protection in Suffolk County,” he said.